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AR 25 2010 ASTE L I E !NC. <br />of R(*CW' M $60"' P.O. Box 3471 Rapid City, SD 57709-3471 (605)348-0244 <br />0i 0069 at'd 0 Box 88 Cortez, CO 81321-0088 (970) 564-1380 CELL (605) 390-7255 <br />E-mail: WASTELINE60)aol.com or SDLibertyaol.com <br />17 March 2010 <br />Colorado Division of Reclamation, Mining, and Safety <br />ATTN: Mr. Bob Oswald <br />691 CR 233, Suite A-2 <br />Durango, CO 81301 kv Qv" FV P 14E? /A?'d <br />SUBJECT: 112 PERMIT AMENDMENT #4 APPLICATION, FILE NO. M-1980-146 <br />RESPONSE TO COMMENT #4 (27 JAN 2010) ?j <br />References: 1. Letter, DRMS, 27 January 2010 <br />2. Montoya Gravel Pit EA, BLM, including ROD and FONSI. 04 ??? ?9 ?® <br />3. Contract for Sale, BLM. /0 ,,7 Z®?® <br />M?n?n9 0,-t Dear sir: ncy S,a ety on <br />This letter addresses the outstanding issues in Ref l: <br />1. Exhibit C: Mining Maps. <br />These maps have been revised to show mining to be done in ONLY those portions of <br />Sections 3, 4 and 10 which BLM has currently agreed to lease to C&J Gravel Products. <br />All other land within the permit boundaries requested in this amendment are identified as <br />NOT being mined at this time. Therefore, we would need to submit a revision to the <br />permit in the future, if or when the current BLM lease agreement is revised or superseded <br />and these "possible mining" areas are allowed to be mined by BLM. This change <br />matches the map (see page 10 of Ref 2) for Ref 3 (the current BLM lease agreement); <br />however, the description portion (on page 1 of Ref 3) does not match the map (see <br />discussion below, Exhibit N). See revised Maps Cl, C2, C3, C4, and C5, attached. <br />Exhibit E: <br />a. The seed mix is identified in Exhibit J, Item 10, and will be the same for both BLM- <br />administered and privately-owned properties, and is the seed mix as presently approved <br />by BLM. BLM may change that mix at any time; if BLM does so, we will notify the <br />DRMS and change the mix to meet BLM requirements; if necessary by submitting a <br />revision. Revisions may also be necessary to meet other BLM requirements, specifically <br />Mitigation Measures #6, #20422, and #24-26 (pages 6-8 of Ref 2), for this and other <br />matters as discussed below. <br />b. We understand that, if the slopes in the eastern portion of the site (including the new <br />and old access road) cannot be adequately reclaimed within five years after <br />implementation, we will be required to submit a revision to the reclamation plan with <br />alternative methods of reclamation. We understand that the progress will be closely <br />monitored. (Please note that BLM will be monitoring operations, including reclamation, a <br />minimum of four times per year, in addition to DRMS monitoring.) <br />c. We will do everything possible to achieve a 3H: IV or gentler slope on all portions of <br />the site, both in the areas addressed in item b and the newer western areas of the permit.